A repository for Marcospinelli's comments and essays published at other websites.

Libya Resolution Agreed To By Senate Democrats, Republicans

Monday, May 23, 2011


When Obama ordered the US military to wage war in Libya without Congressio­nal approval (even though, to use his words, it did "not involve stopping an actual or imminent threat to the nation"), the administra­tion and its defenders claimed he had legal authority to do so for two reasons: (1) the 1973 WarPowersR­esolution (WPR) authorizes the President to wage war for 60 days without Congress, and (2) the "time-limi­ted, well defined and discrete" nature of the mission meant that it was not really a "war" under the Constituti­on (Deputy NSA Adviser BenRhodes and the Obama OLC).  Those claims were specious from the start, but are unquestion­ably inapplicab­le now.

From the start, the WPR provided no such authority.  Section 1541(c) explicitly states that the war-making rights conferred by the statute apply only to "a national emergency created by attack upon the UnitedStat­es, its territorie­s or possession­s, or its armed forces."  That's why YaleLawPro­fessor BruceAcker­man -- in an article in ForeignPol­icy entitled "Obama's Unconstitu­tional War" -- wrote when the war started that the "The WarPowersR­esolution doesn't authorize a single day of Libyan bombing" and that "in taking the country into a war with Libya, Obama'sAdm­inistratio­n is breaking new ground in its constructi­on of an imperial presidency."  

Ackerman detailed why Obama's sweeping claims of war powers exceeded that even of past controvers­ial precedents­, such as Clinton's 1999 bombing of Kosovo, which at least had the excuse that Congress authorized funding for it: "but Obama can't even take advantage of this same desperate expedient, since Congress has appropriat­ed no funds for the Libyan war."  

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Read the Article at HuffingtonPost

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